- 29 - entity and its principals. Here, petitioner must establish that, at the partnership level, Stonehurst was a sham transaction without profit motive. Hulter v. Commissioner, 91 T.C. 371, 393 (1988); Fox v. Commissioner, 80 T.C. 972, 1006-1008 (1983), affd. without published opinion 742 F.2d 1441 (2d Cir. 1984), affd. sub nom. Barnard v. Commissioner, 731 F.2d 230 (4th Cir. 1984), affd. without published opinions sub nom. Hook v. Commissioner, Kratsa v. Commissioner, Leffel v. Commissioner, Rosenblatt v. Commissioner, Zemel v. Commissioner, 734 F.2d 5-7, 9 (3d Cir. 1984); see also Bealor v. Commissioner, T.C. Memo. 1996-435. This was an issue that was not litigated in Heitzman v. Commissioner, T.C. Memo. 1987-109, and the record in the case at hand lacks any direct reference to the economic motives of the general partner. Wind River had been organized to act as general partner in Stonehurst, and Freemond had no previous experience in oil and gas exploration. For purposes of our inquiry, Freemond and Wind River are shadowy figures, present only in the Memorandum and later letters chronicling Stonehurst’s dwindling prospects of finding oil or natural gas and its ultimate demise. The evidence in the record that Stonehurst was a sham transaction is circumstantial, and comes from the following sources: (1) The Stonehurst documentation, (2) the testimony and report of petitioner’s expert, Charles M. Bowers, and (3) the testimony of Mr. Heitzman. Our analysis of Stonehurst is also informed by our report in Osterhout v. Commissioner, T.C. Memo.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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